Can You Get a Limited Privilege? Are You Eligible? Did You Have a Valid License? Are There Options?
Obtaining a Pre-Trial Limited Privilege requires careful consideration of the record, prior history, and factual basis of a case. One should not assume it is automatic or guaranteed – Bill Powers
Are You Eligible? Important Questions to Consider:
- Was your license revoked pursuant to N.C.G.S. §20-16.5?
- At the time of the offense:
- Did You Have a Valid Driver’s License?
- OR Was the Driver’s License Expired for Less than One Year?
- Do You Have Any Other Unresolved Charges Involving Impaired Driving?
- Have You Been Convicted of Impaired Driving Since the Current Revocation?
- Has Your License Been Revoked Long Enough?
- 10 Days, if the Minimum is 30 Days
- Have You Obtained a Substance Abuse Assessment AND
- Have You Registered for Recommended Training or Treatment
- Have You Agreed to Participate in Recommended Training or Treatment
- Are There Any Other Revocations in Effect?
Sample Form: North Carolina Limited Privilege SAMPLE 2016
IMPORTANT NOTE: WHILE ONE MAY ALWAYS SERVE AS HIS OR HER OWN ATTORNEY, INCLUDING IN PREPARING AND SUBMITTING LEGAL FORMS TO OBTAIN RELIEF FROM THE COURT IN THE FORM OF A PRETRIAL LIMITED DRIVING PRIVILEGE, IT IS STRONGLY RECOMMENDED YOU SEEK THE ADVICE AND ASSISTANCE OF EXPERIENCED LEGAL COUNSEL. THE MATERIALS CONTAINED HEREIN ARE FOR EDUCATIONAL PURPOSES. THE LAWS IN NORTH CAROLINA CHANGE ON A REGULAR BASIS. AS SUCH, SAMPLE FORMS AND DOCUMENTS MAY BE SUPERSEDED BY NEW FORMS TO REFLECT CHANGES IN THE LAW. FOR THE MOST RECENT FORMS, GO TO NCCOURTS.ORG/FORMS
What is a Drivers License? What is a North Carolina ID? Is There a Difference?
How To Obtain Your Own Driving Record
Lawyers can help in obtaining important information, documentation, and records.
You are not required to retain legal counsel; but, DWI Lawyers regularly pull driving histories / records as part of legal representation in presenting matters to the Court.
In North Carolina, you may also look up this information online using the DMV’s online driving records source by following these steps:
- Go to: https://www.ncdot.gov/dmv/online/records/
- Start a Driving Record Request
- You will need to know your:
- License or ID number
- Social Security Number
- Date of Birth
See Related: DWI Sentencing in North Carolina
How Do I Obtain a Substance Abuse Assessment?
- Go to: https://www.ncdmh.net/providerlist/CountyList.aspx
- Select your County
- Choose a Provider
- Call or email the chosen Provider for an appointment
- For any difficulties regarding your unique situation contact a Lawyer. Many DWI Impaired Driving Lawyers offer a free consultation
- Mecklenburg County Providers
- Union County Providers
- Cabarrus County Providers
- Rowan County Providers
What is Financial Responsibility in North Carolina?
In North Carolina in order for an individual to show proof of financial responsibility, to obtain a LIMITED PRIVILEGE PRIVILEGE, you will need a DL-123 Form.
This form is somewhat unique to North Carolina (other states have similar forms) and serves as proof of insurance coverage for the minimum amount of liability insurance required by NC G.S. 20-279.1.
Presently, the minimums for liability insurance in NC are:
- $30,000 Covering for bodily injury or death of one person in any one accident
- $25,000 Injury To or Destruction of Property / Damage
- $60,000 bodily injury or of two or more people in any one accident
Modified Transcription of “Can You Get A Limited Privilege” for the Hearing Impaired
Hi. I’m Bill Powers, and I want to talk to you about the first question that an attorney will want to know the answer to prior to obtaining a Pre-Trial Limited Driving Privilege. We get calls from people whom have been charged with driving while impaired. They normally want to know, “What’s the worst case scenario? What’s the best case scenario? Am I looking at jail? Am I not looking at jail?”
In some instances they assume that they’ll be able to drive. That assumption is kind of a touch one, and it can be a bit precarious. In many, many instances after having been arrested or even just charged with driving while impaired, you may be eligible to get what’s called a Pre-Trial Limited Driving Privilege, but there are important exceptions.
Before preparing any of the documentation, meaning the Petition for Pre-Trial Limited Driving Privilege, or a Limited Driving Privilege itself, we ask question number one: Are you eligible? What could keep you from obtaining a Pre-Trial Privilege? Can You Get a Limited Privilege?
Well, if you didn’t have a valid driver’s license at the time, that may prevent you from obtaining a Pre-Trial Limited Driving Privilege. Now, does that mean that your license was suspended? Was your license revoked? Had you not obtained a valid North Carolina driver’s license? Have you ever had a valid driver’s license?
It can be a bit complicated. We all have occasion dust ups in the legal system. We may have unpaid tickets, and that can complicate the process. Secondary to that, if you have a certain type of license. Are you a commercial driver? You have a commercial driver’s license. Are you a provisional driver? Meaning that you’re under a certain age, and you’re not allowed to have any amount of alcohol in your system. Were you marked down as a willful refusal for not submitting to blood or breath testing? It’s complicated.
Give us a call. We’ll go through this with you. We’ll explain the process. We’ll explain the different forms you need, and we’ll answer question number one: Are you eligible? If you’re eligible, then we start talking about the next steps in obtaining a Pre-Trial Limited Driving Privilege associated with an impaired driving offense in North Carolina. I look forward to hearing from you.